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China Jails Four For Microsoft XP Piracy

adeelarshad82 writes "Chinese court has jailed four people for spreading their bootleg 'Tomato Garden' version of Microsoft's Windows XP program, in what the Xinhua news agency called the nation's biggest software piracy case. One of the four men Hong Lei, the creator of the downloadable 'Tomato Garden Windows XP' software, was jailed for three and a half years by a court in Suzhou in eastern China, Xinhua."

22 of 164 comments (clear)

  1. Use Linux by dedazo · · Score: 5, Insightful

    Seriously. I'm not one to loudly advocate using Linux on the desktop, but if it's a choice between jail and Linux... choose Linux. Use WINE if there's something you can't do without.

    (I was going to make a Soviet Russia/Communist China joke here but I decided not to)

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    1. Re:Use Linux by wizardforce · · Score: 4, Interesting

      well said- MS may be hurting its self big time by cracking down on the pirates- its probably the easiest way they could have created an MS centric Chinese software market. Now people have a better reason to use FOSS based OSes than under a Chinese Windows pirating culture.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    2. Re:Use Linux by Runaway1956 · · Score: 3, Interesting

      I am unsure how much MS wants this crackdown. I think the government wants to clean up the piracy, because they can see clearly how invasive and pervasive Windows is. Red Flag Linux is the official operating system of Red Flagged China.

      And, the crackdown WILL benefit China. No money being sent to the western Capitalist Pigs, for starters - not even for legal copies. People who are forced away from MS holding their hands (Hail, Clippy!) will be forced to learn how an operating system works - thereby creating more potential hackers to attack the Pentagon. China gains in their own security - there just aren't a lot of virus and trojan infections running on Linux.

      Gates is on record, favoring piracy of MS Products over legal acquisitions of *nix: http://articles.latimes.com/2006/apr/09/business/fi-micropiracy9

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    3. Re:Use Linux by CharlyFoxtrot · · Score: 5, Informative

      These aren't 4 random guys pirating Windows for their own use, so your suggestion to just use Linux isn't relevant. These assholes were trying to be 1337. From TFA:

      Hong "created the Tomato Garden version of the Windows XP," which crippled the program's authentication and certification barriers, said Xinhua, allowing users unrestricted access to the popular Microsoft software. Millions of Internet users then had free access to the software on a website, tomatolei.com, which made its earnings from advertisements on the site, it said.

      I think 3,5 years (and 2 years for 2 others) for maliciously ripping off someone else's work and distributing it is quite mild by China's standards. Hell with the current laws it might be mild by US standards.

      --
      If all else fails, immortality can always be assured by spectacular error.
    4. Re:Use Linux by CharlyFoxtrot · · Score: 4, Funny

      Huh? Isn't crippling crippling like a double negative? In effect they uncrippled it allowing unrestricted access to the software, something that paying customers don't even get. I think they're on to something. Microsoft should take note.

      Hah - you might want to remember the last guy who uncrippled the crippled. It's generally frowned upon by the powers that be.

      --
      If all else fails, immortality can always be assured by spectacular error.
  2. Big nothing. by Kuano · · Score: 5, Insightful

    So let me get this straight. The largest piracy case ever in the largest country in the world with the most piracy in the world included 4 people?

    1. Re:Big nothing. by LaskoVortex · · Score: 5, Funny

      So let me get this straight. The largest piracy case ever in the largest country in the world with the most piracy in the world included 4 people?

      Yes. It's a shame. My heart really goes out to Microsoft on this one. I mean, the amount of disillusionment they must be feeling right now must be unbearable. All those years of fighting for justice and trying to make a good product and this is what they get? It's like a slap in the face. A real shame. It's like China doesn't give a rat's ass whether Microsoft turns a profit in their country or not, or any other American software company. I tell you what, I'm not going to buy Chinese products any more if they are going to treat American software producers like this. What a farce!

      --
      Just callin' it like I see it.
    2. Re:Big nothing. by adolf · · Score: 4, Funny

      That's OK -- you'll likely be buying Chinese stuff anyway.

      I bought a new thermostat for my car today from the local big-chain auto parts store. A quality Stant unit, at a quality price. Printed on the box it said "Made in USA" in about six different languages, but on the thermostat itself, stamped right into the metal, were the words "Made in China."

      I'd have returned it, on this basis alone, but it was the only thermostat in stock in this town which would work with my old BMW, and I needed to get it fixed today.

    3. Re:Big nothing. by PsychicX · · Score: 5, Informative

      I don't think you quite understand. These people didn't go to some torrent site and download Windows. They took Windows XP, built an illicit distribution with the activation bits etc removed, and sent that around -- probably for money. IOW, they enabled millions of other people to run stolen copies of Windows XP, possibly without even realizing it (third rate vendors have a nasty habit of using these bootleg Windows copies on their machines).

    4. Re:Big nothing. by LaskoVortex · · Score: 5, Funny

      Printed on the box it said "Made in USA"

      They were talking about the box.

      --
      Just callin' it like I see it.
    5. Re:Big nothing. by SL+Baur · · Score: 3, Interesting

      On top of that, China in my opinion has a terrible reputation for allowing these things to happen and turning a blind eye.

      Hey, when per capita yearly income is in the US$100s, how much demand do think there is for Microsoft Windows (or anything else) at a substantial percentage of that?

      Sentencing these people to a few years jail time signals to others that they can't be quite so blatant about their piracy anymore, as China is changing their stance on it.

      It's a slap on the wrist and probably the result of some kind of deal.

      When I worked for Turbolinux in the early 2000s we sold to 3 markets - Japan, China and the US. In Japan we were #1 for awhile due to all the proprietary goodies we could attach to the system. China was #2 and US was #3. I don't think Turbo ever turned a profit in the US.

      I spent a week in 2001 in Beijing with the Chinese office as we were working on getting the price point below US$10 per retail sale. That's still rather expensive.

  3. Tomato garden by jack2000 · · Score: 3, Funny

    This is actually a veggie mafia thing. See the Tomatoes were getting uppity and the Corn boss had them canned....

  4. Re:Their Biggest One? Really? by ubrgeek · · Score: 3, Funny

    > I think your search method could use a little refining there
    Yeah, next time try Bing ;)

    --
    Bark less. Wag more.
  5. Because they're about to start writing software by copponex · · Score: 4, Insightful

    Some of the big bosses in the party have a lot of industries that they run. They're probably realizing that:

    1) Intellectual Property and Copyright laws are becoming acceptable in most of the world

    2) Pretty soon they won't be just manufacturing things, they will be designing and selling Chinese ideas on foreign soil.

    Sorry, but hardly anyone America can compel anyone in China to do anything. They are in their second millennium of being a civilization. They are stockpiling oil, uranium, and millions of tons of other raw materials with all of the American dollars they have. They will be the major economy of the 21st Century, no matter what we do. They are probably looking into the future, and realizing they will have no legal pretext to sue or invade if we start pirating their technology, unless they start obeying the "law" now.

    1. Re:Because they're about to start writing software by copponex · · Score: 3, Insightful

      Colonial powers have always had some sort of excuse or pretext. It's not necessary for the victims of their empires - they usually know what's going on - it's so that their internal populations are on board with the operation.

      The "because we want to" method hasn't worked well since the 60s, and it never hurts to have a more believable excuse for sending a generation of children to fight and die in a foreign land.

    2. Re:Because they're about to start writing software by Zontar+The+Mindless · · Score: 5, Insightful

      They are in their second millennium of being a civilization.

      Second millennium? More like fifth or sixth.

      In lieu of a car analogy, I offer the following:

      Just imagine what things would be like in Egypt if the Egyptians still wrote with hieroglyphics and worshipped at temples dedicated to Ra and company... and that the Pharaohs had been overthrown only within the last century or so.

      Now substitute "China/Chinese" for "Egypt/Egyptian", "ideograms" for "hieroglyphics", "Shangdi" for "Ra and Co.", and "Chinese Emperors" for "Pharaohs".

      That's China.

      China is beyond "old"; it was already old when the Romans kicked out Tarquin the Proud.

      Most Westerners -- especially Americans, for whom "ancient" means "more than 250 years ago" -- simply do not get this.

      --
      Il n'y a pas de Planet B.
  6. Misleading summary! by Nicolas+MONNET · · Score: 4, Funny

    I believe there is an error in the translation; the ideogram for "piracy" is very close to the one for "massive pile of stinking shit", and therefore, the headline should actually read: "China jails four for still Using IE6"

  7. Business feasibility by stimpleton · · Score: 4, Interesting

    A friend of mine has been doing business as a foreign company in china for a few years.

    He is very matter of fact about it. You build into your budget, the kickback amounts.

    I have thought about this a bit, and the attutide is somewhat akin to the tipping/no tipping cultures. I spent time in the US and once I accepted tipping I saw it was a better system. Without kickbacks/bribes you just cannot operate as a foreign company. A kickback is almost regarded as a tip in China.

    --

    In post Patriot Act America, the library books scan you.
  8. Re:Sounds Good by Sulphur · · Score: 4, Funny

    Have you ever been to a sewage plant, and seen the tomatoes they grow there?

  9. srsly by grrrl · · Score: 5, Interesting

    so making MONEY from setting up a business distributing copies of XP you altered intentionally and distribute to millions gets your 3 1/2 years but downloading a few songs for personal use gets you whacked with millions in damages which will cripple your life?

  10. Re:Sounds Good by Hal_Porter · · Score: 5, Interesting

    Someone in Taiwan who's familiar with such things said criminal accusations are inherently political. Pretty much all politicians are corrupt and The Party controls the courts. Best way to get rid of a rival is to denounce them for corruption. Interestingly it's not the verdict of the court case that shows they are finished, the fact that the case was not blocked is enough. Actually if you can even read about a potential case you know they are finished, because if they had a chance the coverage would have been censored. E.g. Li Peng

    http://en.wikipedia.org/wiki/Li_Peng#Alleged_Corruption

    As the findings of the investigation leaked to the general Chinese public, the Chinese government took an unexpected stand. As victims (including some influential social citizens of Beijing) of New Nation Great Co. angrily demonstrated outside the Zhongnanhai more than a dozen times, hold up the banners that claim "Li Peng return the money to us from your son", none of the demonstrations were dispersed and none of the demonstrators were arrested. Each time, the Chinese government only sent police to watch the demonstrators and did nothing else. As the information of the investigation was leaked and circulated on the Internet, it was not immediately censored; instead, it was allowed to circulate for quite some time before the eventual ban, and none of the domestic Chinese Web sites that published the info were shut down by the Chinese governmental censorship. However, the Chinese government did not respond to the victims' and public demands either. China analysts postulate such an unusual move by the Chinese government served several purposes, including pressuring Li Peng to retire from his post of chairman of the Standing Committee of the National People's Congress when he reached the age limit, as well as putting a distance between Li Peng and the government itself for the future leadership. Whatever the reason, the investigation results concerning corruption charges of Li Peng's family that leaked to the public, was tolerated by the Chinese government for a short period of time, and certainly made Li Peng and his family become more unpopular than ever among the general Chinese populace.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  11. Re:Sounds Good by Tobenisstinky · · Score: 3, Interesting

    These men are probably "being mad examples of" scapegoats if you will. Yes, they're probably guilty, but it's just a drop in the bucket from what I've read. The Chinese government just wants to look like it's doing something about piracy.

    --
    wha'? where am i?